Cuomo: 'Commission displayed 'total independence'

Gov. Andrew Cuomo on Monday dismissed the suggestion that his office "interfered" with a public-corruption probe

Gov. Andrew Cuomo talks Monday in Buffalo about a report that said his administration may have interfered with the Morlenad Commission. <137>the governor created during a press conference at the University of Buffalo, Monday, July 28, 2014, in Buffalo, N.Y. Cuomo is defending his handling of an anti-corruption commission, dismissing reports that his administration interfered with its work. Cuomo says the commission made its own decisions and that his office only offered suggestions. Cuomo, a Democrat, created the commission a year ago and dismantled it this spring. (AP Photo/Gary Wiepert)<137>(Photo: Associated Press)

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Gov. Andrew Cuomo on Monday dismissed the suggestion that his office "interfered" with a public-corruption probe, saying the now-defunct Moreland Commission demonstrated "total independence" despite claims to the contrary.

Cuomo addressed the claims of interference publicly for the first time since The New York Times last week reported his top aide interceded when the Moreland panel was set to issue subpoenas to Cuomo allies.

In a 37-minute question-and-answer session with reporters in Buffalo, Cuomo defended the work of the commission, which he abruptly disbanded in March in exchange for a series of ethics laws passed by lawmakers.

Cuomo pointed to a statement early Monday from Moreland Commission Co-Chair William Fitzpatrick, the Onondaga County district attorney. In the statement, Fitzpatrick acknowledged directing the Moreland Commission to withdraw a subpoena for a Cuomo-allied entity after a conversation with top Cuomo aide Larry Schwartz, but said the commission nevertheless sent the subpoena out three weeks later.

"The best evidence of independence is when someone from the (governor's office) says, 'Well, why don't you do this?'" Cuomo said. "And the chairman thinks about it and says, 'I disagree. I don't want to do that.' That's not a sign of independence. That is demonstrable proof of independence."

But in an unsigned written response last week to inquiries from The Times, Cuomo's office said the panel was never independent. If it attempted to investigate the governor, it wouldn't have passed the "laugh test," Cuomo's office wrote.

On Monday, Cuomo said the commission was a "phenomenal success," despite its abrupt end. In exchange for ending the commission, state lawmakers agreed to toughen anti-bribery laws, create a more-independent enforcer of election laws and launch a pilot program for public campaign financing.

Several members of the Moreland Commission began to speak publicly or issue statements Monday after declining requests for comment last week.

Erie County District Attorney Frank Sedita confirmed he and other members of the Moreland Commission "discussed" resigning from the panel last year after "rumors" began circulating that Cuomo's office was blocking subpoenas to groups with political ties to the governor. But they ultimately agreed to remain after Cuomo's office "agreed not to interfere with our work," Sedita said.

"This blue-ribbon group under the guidance of the co-chairs did incredible work, recommending substantive policy changes and pursuing investigations that would strengthen ethical standards and provide comprehensive oversight," Zugibe said in a statement.

But Mollen criticized a statement to the Times by Cuomo's top aide Larry Schwartz that the panel needed the expertise of the governor's office. On Monday, Cuomo said his office offered "advice" to the Moreland Commission, but not demands.

"What the governor's representative said in the statement to the Times is directly contrary to both the executive order and my understanding of our degree of independence," Mollen said. "It's directly contrary to the way in which we did business. I'm not defending recent comments coming from the governor's chambers; I'm defending the work of the commission."

The abrupt shutdown of the Moreland Commission has attracted the attention of U.S. Attorney Preet Bharara, whose jurisdiction includes the Southern District of New York. Bharara has been critical of Cuomo's decision to shut down the panel before it issued a final report and has subpoenaed documents from the commission's members.

Cuomo declined comment Monday when asked about Bharara's probe.

"I'm the former attorney general, and I keep a very strict rule: I didn't like anyone commenting on my investigations and I don't comment on anyone else's," Cuomo said. "So you'd have to ask them."

Cuomo's office's behind-the-scenes involvement with the anti-corruption panel has attracted national attention and created a political headache for the Democratic governor and state Attorney General Eric Schneiderman, who deputized many of the Moreland Commission members last year to give them broader investigatory powers.

Both Republican gubernatorial candidate Rob Astorino and Fordham Law Professor Zephyr Teachout, who is attempting to challenge Cuomo in a Democratic primary, have pounced on the claims against Cuomo. Astorino, the Westchester County executive, traveled across upstate Monday criticizing Cuomo for his office's role in the probe.

"I can tell you that if someone tries to tamper with a witness, you wouldn't excuse that by saying the witness withstood the tampering," Teachout said. "But that seems to be the argument of the governor's office."

Schneiderman's GOP opponent John Cahill, a Yonkers resident, called on the attorney general to publicly address his role in the Moreland Commission and its downfall.

"The people of the state need to know, deserve to know, from our attorney general what did he know about the alleged interference of the workings of the Moreland Commission," Cahill, a former aide to then-Gov. George Pataki, said in Albany.

In a statement, Schneiderman spokesman Damien LaVera said the attorney general's office "cannot comment on ongoing or potential investigations arising out of the Moreland Commission, whether they are being pursued by our office or other prosecutors."